- 11 U.S.C.
DeHart v. Boyd (In re Boyd)
Nov
06
2007
Ruling
Plan expenses for recreation and adult daughter's education disallowed.
Procedural posture
Movant chapter 13 trustee filed an objection to a plan filed by respondent debtors, alleging that the amounts claimed to educate their adult daughter and for their own recreation were over-reaching and should be disallowed under 11 U.S.C. § 707(b)(2)(A).
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Court
:
- 11 U.S.C.
In re Hale
Oct
10
2007
Ruling
Correction of debtors' overstatement of tax liability resulted in dismissal pursuant to presumption of abuse.
Procedural posture
Debtors, a husband and wife, filed a joint petition for relief under chapter 7, listing primarily consumer debts. The United States Trustee ("UST") filed a motion to dismiss the debtors'action, pursuant to 11 U.S.C. § 707(b)(2) and (3), claiming that the debtors were ineligible for relief under chapter 7.
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Court
:
- 11 U.S.C.
In re McDevitt
Aug
28
2007
Ruling
Above median debtors' proposed amended plan confirmed over creditor's objection to deductions for secured debt payments on residence and boat.
Procedural posture
The debtors filed for relief under chapter 13 and filed an amended chapter 13 plan. The general unsecured creditor objected to the debtor's proposed amended plan, alleging that the plan did not commit all projected disposable income to the unsecured creditors. The creditor claimed the plan violated 11 U.S.C. § 707(b)(2)(A)(ii)(I), a requisite for confirmation under 11 U.S.C. § 1325(b)(3).
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Court
:
- 11 U.S.C.
In re Morgan
Aug
08
2007
Ruling
Above-median debtor could take mortgage-rent expense on Form B22C despite being rent- free.
Procedural posture
After debtor deducted the "Local Standard" amount established by the IRS on account of mortgage/rent expense and referenced in 11 U.S.C. § 707(b)(2)(A)(ii)(I), the trustee objected to confirmation on the ground that no deduction was properly taken because debtor was living rent-free. At issue was the proper reading of section 707 as enacted in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA").
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Court
:
- 11 U.S.C.
In re Wilson
Jul
30
2007
Ruling
Above-median debtors could dedcut ownership expsenses on Form B22C for vehicles owned free and clear.
Procedural posture
A chapter 13 trustee filed a timely objection to confirmation of the plan proposed by debtors, a married couple who had filed a chapter 13 proceeding and who were "above- median" debtors for purposes of 11 U.S.C. § 707(b)(2)(A)(ii)(I). At issue was whether debtors were entitled to deduct certain standard vehicle ownership expenses on Official Bankr. Form B22C despite the fact that debtors owned both vehicles free and clear.
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Court
:
- 11 U.S.C.
In re Benedetti
Jul
13
2007
Ruling
Debtor allowed to deduct payments on property intended for surrender in means test calculation.
Procedural posture
Chapter 7 debtor was a single woman who listed two leased vehicles on the date of her petition but subsequently surrendered one of the vehicles. The United States Trustee moved to dismiss the chapter 7 case as presumptively abusive pursuant to 11 U.S.C. § 707(b)(2).
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Court
:
- 11 U.S.C.
In re Edmondson
Jul
11
2007
Ruling
Mortgage payment on rental property which debtor planned to surrender could not be included in calculation of projected disposable income.
Procedural posture
The debtors moved for confirmation of their chapter 13 plan. Creditor filed an objection.
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Court
:
- 11 U.S.C.
In re Kelvie
Jul
10
2007
Ruling
Debtor could claim deductions for secured debt payments on house and motor home despite intent to surrender.
Procedural posture
The United States Trustee filed a motion to dismiss chapter 7 debtors'case under 11 U.S.C. § 707(b).
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Court
:
- 11 U.S.C.
In re Barrett
Jul
10
2007
Ruling
Above-median debtor could claim ownership expense for motorcycle owned free and clear.
Procedural posture
The trustee in bankruptcy objected to the confirmation of the proposed plan of a single, above-median income, chapter 13 debtor, who claimed an ownership expense for two motor vehicles on form B22C, arguing the debtor had not applied all of her "projected disposable income" to make payments to unsecured creditors under her plan as required by 11 U.S.C. § 1325(b).
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Court
:
- 11 U.S.C.
In re Barrett
Jul
10
2007
Ruling
Debtor could claim housing and vehicle deduction in excess of actual expenditures.
Procedural posture
Chapter 13 creditor objected to confirmation of the debtor's plan under 11 U.S.C. § 1325(b)(2) on the grounds that the plan did not apply all of the debtor's projected disposable income to payments to unsecured creditors.
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Court
: